Just five days after President Donald Trump sign new executive order wey dey try to narrow birthright citizenship for America, di lawyers wey challenge im first order don return to federal court for New Hampshire. Di American Civil Liberties Union and other civil rights groups file motion on Tuesday morning, dey urge U.S. District Judge Joseph Laplante to clarify say di new order go beyond di limited exception wey Supreme Court approve for foreign diplomats.
Recall say for June 30, Supreme Court rule say Trump im 2025 order wey dey stop children of undocumented immigrants or temporary visitors from getting automatic U.S. citizenship break di Constitution. Chief Justice John Roberts write for di court opinion say di 14th Amendment Citizenship Clause dey sweep broad, except for few narrow exceptions like children of foreign ministers and members of some 19th-century Indian tribes.
After dat ruling, Trump first talk say im go ask justices to reconsider, but di deadline pass for late July, and Supreme Court don issue final judgment. Instead, on Aug. 6, Trump sign new executive order wey im title be “Continuing to Protect the Meaning and Value of American Citizenship.” He also sign another order, “Ending Birth Tourism,” wey dey target pregnant women wey dey travel to America to born so dia pikin go be citizens.
Di new birthright citizenship order go affect many groups. E no only cover children of ambassadors, but also children of other foreign citizens wey dey work for embassy, foreign government employees wey dey for U.S. for official duty, and employees of international organizations like United Nations and World Bank. E also go exclude children of parents wey dem designate as “alien enemy” under federal laws. Plus, e go affect children of parents wey “engage in commercial transaction” to make sure di mama dey for U.S. to born, and children wey born for U.S. territories or territorial waters where citizenship no dey conferred by federal statute.
For now, federal law still give citizenship to babies born for Puerto Rico, Guam, U.S. Virgin Islands, and Northern Mariana Islands, but not American Samoa. However, there be bill for Congress wey go end birthright citizenship for those territories from Jan. 1, 2027.
Di challengers for Trump v. Barbara don ask Laplante to block dis new order. For dia motion, dem say di Supreme Court don already reject Trump administration attempt to create new exceptions to di Citizenship Clause. Dem stress say di court “reaffirmed … that ‘the Citizenship Clause … granted citizenship to nearly all children born in the United States,’ save only ‘the “children of ambassadors” and other representatives of foreign sovereigns’ along with Native American Tribal members.” Dem conclude say “That should have been the end of this issue.”
Di challengers also push back against any idea say di Aug. 6 order should stand because e include some groups like children of ambassadors wey president fit legally deny citizenship. Dem argue say as Supreme Court don establish, president no fit create exceptions to di Citizenship Clause. And di exceptions for di new order dey apply much more broad than di narrow ambassador exception – e include children of other foreign embassy staff, wey no get full diplomatic immunity, and children of “alien enemies.” Dem yarn say if president issue 100 orders to create new exceptions, all 100 go be equally illegal, and nobody require di court to tolerate dis continued assault on foundational constitutional principle.
Meanwhile, outside dis case, Trump also don introduce new tariffs, renew efforts to fire Federal Reserve governor Lisa Cook, and issue other executive orders. Experts say although di moves no be outright defiance of di Supreme Court, dem still dey push di limits of di rulings wey Trump lose earlier dis summer.
